Allahabad High Court
Smt. Kamlawati Devi vs State Of U.P. on 22 July, 2016
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Criminal Misc. Bail Application No. 208088 of 2015.
In Re:
Case :- CRIMINAL APPEAL No. - 1193 of 2016
Appellant :- Smt. Kamlawati Devi
Respondent :- State Of U.P.
Counsel for Appellant :- B.K. Tripathi,V.K. Dwivedi
Counsel for Respondent :- Govt.Advocate
Hon'ble Abhai Kumar, J.
Heard learned counsel for the appellant and learned A.G.A for the State.
Considered the prayer for bail.
This appeal has been filed against the order of conviction dated 30.06.2014, whereby the appellant was convicted along with other co-accused under Section 8/20 (b) (ii) (B) of N.D.P.S Act 1985, for rigorous imprisonment of eight years and Rs. 80,000/- as fine and in default of fine one year additional rigorous imprisonment in Special Case No. 29 of 2011 (State Vs. Kamala Devi) in Case Crime No. 852 of 2011, under Section 8/20 N.D.P.S Act, Police Station ? Shohrat Garh, District Siddharth Nagar.
It is submitted by learned counsel that co-appellant - Ajai Kumar Kasaudhan has already been granted bail by another Bench of this Court vide order dated 19.08.2015 passed in Criminal Misc. Bail Application No. 220578 of 2014 - (Ajay Kumar Kasaudhan & Anr. Vs. State of U.P.), in the appeal against the case decided alongwith the case of accused-appellant, whereas learned A.G.A has opposed the bail.
In the above referred order, it has been observed by the Court that appellant no. 1 may be allowed to be enlarged on bail, whereas bail application of applicant no. 2 was rejected on the ground that he is having criminal history on three cases in this regard.
It is submitted by learned counsel for the accused-appellant that appellant is having no criminal history whereas counter affidavit filed on behalf of State reveals that one case under U.P. Gangster Act is pending.
It is next contended that the applicant is in jail and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considered the submissions made by learned counsel for the accused-appellant. So far the case of Gangster Act is concerned, it must have been imposed on the basis of present case and criminal history of Gangster Act cannot be impediment for granting the bail to the applicant.
Seeing the parity of the case of co-accused - Ajay Kumar Kasaudhan, who has been granted bail, prayer of appellant is also allowed.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.
Let the applicant ? Smt. Kamlawati Devi, involved in Case Crime No. 852 of 2011 (Special Case No. 29 of 2011), under Section 8/20 of N.D.P.S Act, Police Station ? Shohratgarh, District ? Siddharthnagar, be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
The applicant directed to deposit the 1/4 of the fine within 15 days from the date of his release from jail and the realization of remaining fine shall remain stayed during the pendency of the appeal. It is made clear that in case, the 1/4 of the fine is not deposited within the time as specified above, the present order granting bail to applicant shall stand automatically cancelled.
Criminal appeal may be listed in due court.
Order Date :- 22.07.2016
Vinod.
